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Benjamin M. Everhart's
Last Will and Testament

scanned by Jim Jones, Ph.D. (West Chester, August 2004).

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NOTE: The original "Last will and testament of Benjamin M. Everhart" is recorded in Chester County Will Book 34, page 240. The estate file is located in the Chester County Archives as will #30093. Be aware that the "Index to Wills" has an incorrect number, 34368, instead of 30093. The will was probated on September 24, 1904 and Isaiah F. Everhart was the executor.

The following text was scanned from an article which appeared in the West Chester Daily Local News on September 26, 1904 and contained the complete text of the will. A copy of the article is located in the Chester County Historical Society clippings file under "Everhart, Benjamin Matlack (4)."


I, Benjamin M. Everhart, of the borough of West Chester, county of Chester and State of Pennsylvania, do make and publish this my last will and testament.

First, I direct my just debts and funeral expenses be paid.

I give and bequeath to Mary G. Roecker the bond and mortgage given by Bernhard Roecker, the principal of which is now four thousand five hundred dollars, and the bond and mortgage given by the said Mary G. Roecker, the principal of which is fourteen hundred dollars, which said mortgages are items against the messuage and lot of land on West Market street, in said borough, now owned and occupied by the said Mary G. Roecker as a bakery and confectionery.

I give and devise to Mary Fawkes Lee in fee simple the houses, their contents, the lot of land, stable, horses, carriages at 133 West Miner street, now occupied by Benjamin M. Everhart.

I give and devise to Mary Fawkes Lee in fee simple the house and lot of land at the southwest corner of Market and Darlington streets, now owned by Benjamin M. Everhart.

I give and devise to Mary Fawkes Lee in fee simple the house and lot of land at 136 West Market street, now owned by Benjamin M. Everhart.

I give and devise to Mary Fawkes Lee in fee simple the house and lot of land at 117 South Darlington street, now owned by Benjamin M. Everhart.

I give and devise to Mary Fawkes Lee in fee simple the house and lot of land at 131 South Darlington street, now owned by Benjamin M. Everhart.

I give and devise to Mary Fawkes Lee in fee simple the house and lot of land at 116 South New street, now owned by Benjamin M. Everhart.

I give and devise to Mary Fawkes Lee in fee simple the house and lot of land at 116 South New street, now owned by Benjamin M. Everhart.

I give and devise to Mary Fawkes Lee in fee simple the house and lot of land at 117 South New street, now owned by Benjamin M. Everhart.

I give and devise to Mary Fawkes Lee in fee simple the house and lot of land at 122 South New street, now owned by Benjamin M. Everhart.

I give and devise to Mary Fawkes Lee in fee simple the house and lot of land at 123 South Darlington street, now owned by Benjamin M. Everhart.

I give and devise to Margaretta Lee in fee simple the house and lot of land at 228 West Barnard street, now owned by Benjamin M. Everhart.

I give and devise to Laura Lee Trotter in fee simple the house and lot of land at 230 West Barnard street, now owned by Benjamin M. Everhart.

I give and devise to Richard Cloyd Lee in fee simple the house and lot of land at 131 East Gay street, now owned by Benjamin M. Everhart.

I give and devise to Bridget Carroll in fee simple the three houses and lots of land at 235-237-239 West Gay street, now owned by Benjamin M. Everhart.

I give and devise to Annie G. Lynch in fee simple the two houses and lots of land at 241-243 West Gay street, now owned by Benjamin M. Everhart.

I give and bequeath to Mary Fawkes Lee all the shares of stock of the National Bank of Chester County, now owned by Benjamin M. Everhart.

I give and bequeath to Mary Fawkes Lee all the shares of stock of the First National Bank of West Chester, now owned by Benjamin M. Everhart.

I request and enjoin my executor to reduce, without payment by him, the mortgage of fifty-five hundred to three thousand in the name of Haines & Shaw, now held by me on the George D. Haines property, at the southwest corner of Market and Church streets.

I give and devise to William E. Moore in fee simple the house and lot of land a the southeast corner of New and Chestnut streets, now owned by Benjamin M. Everhart.

I give and devise to Jane Warnick in fee simple the house and lot of land at 124 North New street, joining the one I have willed to William Moore, now owned by Benjamin M. Everhart; this is to the widow of Isiah F. Warnick.

I give and devise to William N. Welsh In fee simple the two houses and lots of land at 320-322 South Matlack street, now owned by Benjamin M. Everhart.

I give and devise to B. Harry Warren in fee simple the lot of land about 95 feet on the south side of Market street, west of the Market House and joining the property of Bridget Carroll.

I give and devise to Levi Thomas In fee simple the small house and lot of land on West Gay street, occupied by him for over forty years and owned by Benjamin M. Everhart.

I give and devise to Ernest White In fee simple the house and lot of land at 307 Hannum avenue now owned by Benjamin M. Everhart.

I give and devise to Robert O. Jefferis in fee simple the house and lot of land at 208 South High street, now owned by Benjamin M. Everhart.

I give and devise to Thomazine Mason, in fee simple the house and lot of land at 129 West Union street now owned by Benjamin M. Everhart.

I give and devise to Mary P. Woodward in fee simple the house and lot of land at 134 West Barnard street, now owned by Benjamin M. Everhart.

I give and devise to W. W. Woodward in fee simple the house and lot of land at 136 West Barnard street, now owned by Benjamin M. Everhart.

I give and devise to John P. Woodward in fee simple the house and lot of land at 138 West Barnard street, now owned by Benjamin M. Everhart.

I give and devise to Fred Woodward in fee simple the house and lot of land at 146 West Barnard street, now owned by Benjamin M. Everhart.

I give and devise to Roskel Woodward in fee simple the house and lot of land at 142 West Barnard street, now owned by Benjamin M. Everhart.

I give and bequeath to Hannah and Annie Taylor the sum of fifteen hundred dollars in cash.

I give and devise to Everhart Gheen in fee simple the house and lot of land at 147 East Miner street, now owned by Benjamin M. Everhart.

I give and devise to William S. Hayes in fee simple the house and lot of land at 201 West Union street, now owned by Benjamin M. Everhart.

I give and devise to Mrs. Joseph Dicks in fee simple the two houses and lots of land at 18 and 20 South Matlack street, now owned by Benjamin M. Everhart.

I give and devise to Jane McGrogan in fee simple the house and lot of land at 203 West Union street, now owned by Benjamin M. Everhart.

I give and devise to Thomas Esworthy in fee simple the house and lot of land at 219 North Darlington street, assessed at two hundred dollars in the year 1904, now owned by Benjamin M. Everhart.

I give and devise to Edward McFadden In fee simple the house and lot of land at 322 West Chestnut street, now owned by Benjamin M. Everhart.

I give and devise to Sarah Bell Hannum in fee simple the house and lot of land at 320 West Chestnut street, now owned by Benjamin M. Everhart.'

I give and devise to Emma Hammond in fee simple the house and lot of land at 509 South Church street, now owned by Benjamin M. Everhart.

I give and devise to Emma Hammond in fee simple the house and lot of land at 238 West Barnard street, now owned by Benjamin M. Everhart.

I give and devise to Lizzie Matlack in fee simple the farm known as "The Boot," situated in East Goshen township, now owned by Benjamin M. Everhart.

I give and devise to Lizzie Shultz in fee simple the two houses and lots of land at 12-14 South Matlack street, now owned by Benjamin M. Everhart.

I give and devise to H. Rush Kervey in fee simple the three houses and lots of land at 119-121-123 West Union street, now owned by Benjamin M. Everhart.

I give and devise to H. Rush Kervey in fee simple the three houses and lots of land at 139-141-143 East Miner street, now owned by Benjamin M. Everhart.

I give and devise to Maria and Helena Fergus in fee simple the lot of land with two houses on it at 332 Hannum avenue, now owned by Benjamin M. Everhart.

1 give and devise to Jennie J. Wells in fee simple the house and lot of land at 149 East Miner street, on the corner of Miner and Matlack, now owned by Benjamin M. Everhart.

I give and bequeath to Margarette Lee twenty shares of Farmers' and Mechanics' National Bank stock, now owned by Benjamin M. Everhart.

I give and bequeath to Margarette Lee sixty shares of Harrisburg National Bank Stock, now owned by Benjamin M. Everhart.

I give and bequeath to Margarette Lee twenty-five shares of the United New Jersey Railroad and Canal Company, dividend by the Pennsylvania Railroad Company, now owned by Benjamin M. Everhart.

I give and bequeath to Mrs. C. B. Lee the United States consols, seventy-five thousands in all, now owned by Benjamin M. Everhart.

I give and bequeath fifteen thousand dollars, equally divided between Annie G. Lynch, Robert O. Jefferis and William Moore.

I give and bequeath seventy-five thousand dollars, equally divided, between Bridget Carroll, Mary G. Roecker and B. Harry Warren, all now owned by Benjamin M.. Everhart.

I give, devise and bequeath to Dr. lsiah F. Everhart, the residue of my estate, that is I mean everything I have not already willed I wish to give to Dr. Isiah F. Everhart.

The bequests and devises herein before made are made free and clear of collateral inheritance tax and to secure this end I direct that my executor shall pay said tax on all the legacies herein bequeathed and the real estate herein devised, out of my personal estate not bequeathed.

I name and appoint Dr. Isiah F. Everhart executor of this my will and I direct and request him to employ as attorney to advise him in the settlement of my estate, Thomas W. Baldwin of the borough of West Chester, the compensation for which business, if he will agree to accept eighteen hundred dollars in money.

In witness whereof I have hereunto set my hand and seal this nineteenth day of February, A. D. one thousand nine hundred and four.

Signed, BENJAMIN M. EVERHART, (Seal)


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Copyright 2010 by Dr. James A. Jones